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HomeMy WebLinkAbout1998-08-19; Planning Commission; Resolution 43580 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 PLANNING COMMISSION RESOLUTION NO. 4358 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED ALONG THE WEST SIDE OF EL CAMINO REAL TO THE SOUTH OF PALOMAR AIRPORT IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: LINCOLN NORTH POINTE CASE NO: HDP 98-05 WHEREAS, Lincoln Property Company, “Developer”, has filed a application with the City of Carlsbad regarding property owned by W9/LNP Rea Limited Partnership, “Owner”, described as Parcel 1 of Parcel Map No. 1110, in the City of Carlsbad, County of San Diego, State of California, according to parcel map thereof filed in the Office of the County Recorder of San Diego County, on November. 10, 1972 as File No. 302114 of official records. (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibit(s) “LL“ - “BBB” dated August 19, 1998, c the Carlsbad Planning Department, LINCOLN NORTH POINTE, HDP 98-05, as pro Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 19th day of Augus consider said request; and WHEREAS, at said hearing, upon hearing and considering all testim arguments, if any, of all persons desiring to be heard, said Commission considered a1 relating to the Hillside Development Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1 Commission as follows: A) That the foregoing recitations are true and correct. 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Con APPROVES, LINCOLN NORTH POINTE, HDP 98-05, based following findings and subject to the following conditions: Findings: 1. That undevelopable areas of the project, i.e. slopes over 40%, have been identified on the constraints map Exhibit “LL”-“SS” dated August 19,1998; 2. That the development proposal is consistent with the Purpose and Intent provj Section 21.95.010 of the Hillside Ordinance, Chapter 21.95, as follows: A. Project hillside conditions have been properly identified on the constrai Exhibit “LL”-“SS” dated August 19, 1998, which shows existing and 1 conditions and slope percentages; B. The project has been designed to relate to the slope of the land, to mini amount of grading, and to incorporate contour grading into manufacture which are located in highly visible public locations in that the project I designed to terrace from east to west consistent with the exisl topography, project grading volumes of 7,692 cu yds/acre are acceptable range, and due to the fact that the proposed manufacturc are not visible from public locations, they do not require contour grac C. The project has been designed in an environmentally sensitive manner lagoons and riparian ecosystems are protected from increased erosion substantial impacts to natural resource areas, wildlife habitats or native vc will occur in that a temporary de-silting basin has been incorporated project on lot 12 to mitigate erosion impacts to the on-site wetlands, project applicant has been conditioned to mitigate at a 2:l ratio, impacts to 15.32 acres of Southern Maritime Chaparral and .41 other sensitive habitat. 3. The project complies with the Hillside Development and Design Standards inc Section 21.95.120 of the Hillside Ordinance in that the existing 50% ; intervening manufactured slope is developable, the project grading volume ( yddacre) is acceptable, the maximum manufactured slope height is 35 feet, p manufactured slopes of greater than 20’ in height and 200’ in length are no from a Circulation Element Road, collector street or useable public ope (park), buildings 7 and 8 are setback from the manufactured slope edge a m of 74 feet, and the western facing manufactured slopes will be landscaped ca with the City’s Landscape Manual. PC RES0 NO. 4358 -2- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the project design substantially conforms to the Hillside Development G Manual, in that the proposed grading design will modify the existing manufactured slope, yet preserve its general character. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all co and modifications to the Hillside Development Permit document(s) necessary them internally consistent and in conformity with final action on the Development shall occur substantially as shown in the approved Exhibits. Any i development different fi-om this approval, shall require an amendment to this appl 2. Approval of HDP 98-05 is granted subject to the approval of SP 109(B)/CT 98 98-03/PUD 98-01/CUP 98-08 and PIP 98-07. HDP 98-05 is subject to all c( contained in Planning Commission Resolution No. 4356 for the Tentative Mal conditions of approval for PIP 98-01. 3. If any of the foregoing conditions fail to occur; or if they are, by their tern implemented and maintained over time, if any of such conditions fail tl implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or further condition issuan future building permits; deny, revoke or further condition all certificates of o( issued under the authority of approvals herein granted; institute and prosecute liti compel their compliance with said conditions or seek damages for their violatj vested rights are gained by Developer or a successor in interest by the City’s apl this Hillside Development Permit. 4. This approval shall become null and void if a final map is not approved project within 24 months from the date of project approval. NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conver “fees/exactions.” You have 90 days from August 19, 1998 to protest imposition of these feedexactions. protest them, you must follow the protest procedure set forth in Government Code 66020(a), and file the protest and any other required information with the City Man processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc follow that procedure will bar any subsequent legal action to attack, review, set aside, annul their imposition. ~ PC RES0 NO. 4358 -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i * * You are hereby FURTHER NOTIFIED that your right to protest the specified fees/t DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1 zoning, grading or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any fees/exactions of which you have previously be a NOTICE similar to this, or as to which the statute of limitations has previously c expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the : Commission of the City of Carlsbad, California, held on the 19th day of August 1991 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, h’ Nielsen, and Welshons NOES: ABSENT: Commissioner Savary ABSTAIN: BAILEY NOBL6, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: \ Planning Director PC RES0 NO. 4358 -4-